Comparative Study Of Legal Regulations Of Research Misconduct

In recent years, countries in the world, including my own, the major media have reported a number of academic fraud, improper use of funds for scientific research and other scientific research in the field of misconduct. In the traditional process of scientific research, scientific research in misconduct can be more based on individual scientists to avoid the conviction. However, with modern scientific organization, scale, complexity and extent of the deepening of the community, people generally aware of, for preventing and dealing with scientific misconduct, the legal system increasingly critical intervention.There are many countries in the legal regulation of scientific research misconduct on the formation of a more comprehensive system to regulate and set up a special investigation of scientific misconduct by the executive body of research misconduct that have clearly defined and strictly Procedures. At the same time, the civil law system, plagiarism and other forms of research misconduct can to some extent by States copyright law sanctions. In addition, the United States, Russia, Italy, Japan and other foreign technology developed since the 1980s, will be on scientific misconduct have done criminal treatment, and gradually established their own national conditions suitable for the scientific management system of criminal misconduct.Currently in China, for scientific research misconduct is still confined to the handling of internal action and processing, administrative and executive processing, for serious research misconduct, not based on state laws pursue the corresponding legal liability, many serious research misconduct Acts of impunity. With other countries through the legal system, the author believes that China's scientific research misconduct on the legal regulations there are still several aspects, such as: research misconduct administrative law system not open and transparent procedures; civil law system targeted Is not strong; criminal law system is not enough sound and smooth working mechanism is not enough at the same time, serious research misconduct against the administrative punishment far greater than the intensity of the prosecution of criminal responsibility, research in the field of serious criminal misconduct by the very low cost.Establishment of China's scientific research misconduct by the legal system of regulation, first of all, we must strengthen research misconduct laws and regulations enacted. Secondly, to improve scientific research in the field of administrative law system of information openness and transparency of punishment. Third, we should strengthen the research misconduct related to the intensity of civil liability. Fourth, we must build our reasonable scientific misconduct criminal system of governance. Fifth, we must strengthen research misconduct between administrative bodies and judicial and administrative bodies, the joint inspection departments and coordination.